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Federal Trade Commission (FTC) Protected Health Information Personally Identifiable Information

ArentFox Schiff

Federal Court Scales Back HIPAA Online Tracking Technology Guidance

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On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more

Ballard Spahr LLP

The FTC's Revised Health Breach Notification Rule Is Now in Effect

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The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more

Wyrick Robbins Yates & Ponton LLP

Don’t Call It a Breach Rule: FTC Health Breach Notification Rule Has Been Here for Years, Now Updated to Serve as a Backdoor...

As our loyal Practical Privacy readers may remember, back in December of 2021, the Federal Trade Commission (the “FTC” or “Commission”) began a rulemaking process to update the Commission’s Health Breach Notification Rule...more

Seyfarth Shaw LLP

Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

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On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other...more

Foley & Lardner LLP

Changing Landscape: Federal and State Regulators Focus on Protecting Consumer Health Data

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Recent developments at the federal and state level demonstrate that regulators are focused on protecting consumer health data. Specifically, state and federal regulators want to close the gap between HIPAA-protected data and...more

BakerHostetler

AD-ttorneys@law - February 2023

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Game Developer Dodges Loot Box Suit - In-app epi-games are not the same as slot machines, court says. Again with the Noises and Bright Lights - It’s been a while since we reported on defendant Supercell’s...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

Wiley Rein LLP

[Webinar] The FTC’s Changing Approach to Privacy - June 15th, 2:00 pm - 3:00 pm EDT

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The Federal Trade Commission (FTC) now has a full slate of Commissioners and it is expected to ramp up privacy and cybersecurity enforcement and rulemaking in a number of critical areas. Join us for a discussion of the FTC’s...more

Wyrick Robbins Yates & Ponton LLP

App-etite for Notification: FTC Says “Welcome to the Jungle” to Mobile Health App Developers in Policy Statement on Health Breach...

Last week’s news that the Federal Trade Commission is taking steps to begin rulemaking on consumer privacy and artificial intelligence drew plenty of attention from privacy professionals, and suggests 2022 could be an...more

McDermott Will & Emery

FTC Issues Policy Statement Expanding Interpretation of Health Breach Notification Rule’s Scope

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On September 15, 2021, the Federal Trade Commission (FTC) voted 3–2 along party lines (with Republican commissioners dissenting) to issue a policy statement announcing an expansive interpretation of the FTC’s Health Breach...more

Sheppard Mullin Richter & Hampton LLP

FTC Warns Digital Health Industry to Comply with its Breach Notification Rule

The use of apps, wearables, and other devices used to track health and wellness data have continued to rise. The FTC again signaled its focus on this growing industry in a statement on the scope of the Health Breach...more

Polsinelli

Entities of All Types Should Consider Commenting on the FTC’s Health Breach Notification Rule by August 20, 2020

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On May 22, 2020, the Federal Trade Commission (the “FTC”) published its decennial request for public comment (the “RFC”) on the FTC’s Health Breach Notification Rule (the “HBN Rule”)....more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 6. Privacy Briefs: June 2020

Report on Patient Privacy 20, no. 6 (June 2020): A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed the patient’s...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

Patterson Belknap Webb & Tyler LLP

Obsolete Device Woes: What To Do?

It seems like a victimless crime. Toss out an old computer or post it for sale on the Internet for a few bucks. Not a big deal, right? Not so fast....more

Mintz - Health Care Viewpoints

Building a Health App? Part 6: HIPAA and Other Privacy and Security Considerations

Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps....more

Robins Kaplan LLP

New FTC Data Breach Response Guidelines

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Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

Robinson+Cole Data Privacy + Security Insider

Confusing Joint Guidance published by OCR and FTC on HIPAA Authorization Forms

There are arguments that there is a dearth of guidance by both the Office for Civil Rights (OCR) and Federal Trade Commission (FTC), so when guidance comes out, we listen. But the most recent guidance jointly issued by the...more

Robinson+Cole Data Privacy + Security Insider

Final Order against Practice Fusion Approved by FTC

On August 16, 2016, the Federal Trade Commission (FTC) approved the final order resolving its privacy complaints against Practice Fusion. The complaint alleged that Practice Fusion “misled consumers by soliciting reviews for...more

Womble Bond Dickinson

Is Your HIPAA Compliance Program Ready for the FTC?

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Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

Foley & Lardner LLP

Is My Telehealth App Subject to HIPAA?

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Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more

Manatt, Phelps & Phillips, LLP

Advertising Law - December 2014 #3

FCC Proposes Online Disclosures for Broadcast Contests - The Federal Communications Commission has proposed a rule change that would allow broadcast stations to disclose on the Internet the material terms for contests...more

Davis Wright Tremaine LLP

Protecting Your Business with Strong Operational Privacy Controls

For decades basic requirements to secure business records have been rooted in various legal silos, from corporate governance to rules of evidence to the discrete privacy rules that govern select technologies. Today, however,...more

BakerHostetler

Blood Bank Data Breach Class Action Settlement Preliminarily Approved by California District Court Judge

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In Johansson-Dohrmann v. CBR Systems, Inc. et al, No. 3:12-cv-01115 (S.D. Cal., filed May 7, 2012), the latest data privacy class action to reach settlement, Judge Michael M. Anello on February 5, 2013 granted preliminary...more

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